Kincaid V. Ferguson Case Study
Issue Presented
Under O.C.G.A. section 51-7-60 can Robin Kincaid recover damages from Barclay’s Department Store when (1) the stores antishoplifting device alarm was triggered; (2) the clerk failed to deactivate the shoplifting device; (3) the security guard touched Kincaid’s elbow (4) the security guard escorted Kincaid to the back of the store (5) Kincaid was embarrassed by the security guard’s actions (6) asked Kincaid to remain in the room; (7) when the security guard left for fifteen minutes; (8) the security guard took a phone call from his wife?
Brief Answer Probably yes. To prove that a plaintiff is precluded from recovery a defendant must show: (1) reasonable cause to detain, (2) detention, (3) whether detention was in reasonable
Under O.C.G.A. section 51-7-60 can Robin Kincaid recover damages from Barclay’s Department Store when (1) the stores antishoplifting device alarm was triggered; (2) the clerk failed to deactivate the shoplifting device; (3) the security guard touched Kincaid’s elbow (4) the security guard escorted Kincaid to the back of the store (5) Kincaid was embarrassed by the security guard’s actions (6) asked Kincaid to remain in the room; (7) when the security guard left for fifteen minutes; (8) the security guard took a phone call from his wife?
Brief Answer Probably yes. To prove that a plaintiff is precluded from recovery a defendant must show: (1) reasonable cause to detain, (2) detention, (3) whether detention was in reasonable